On Tue, Aug 11, 2009 at 10:19 AM, Venkatesh Nayak < [email protected]> wrote:
> > > Dear all, > All rules prescribing fees for appeals are in excess of the provisions of > the principal Act. The guidelines issued by the DoPT do not make mention of > any such fees that may be charged for appeals or complaints. Six states and > several High Courts have brought in appeals fees in the Rules. If > Parliament > intended that fees should be charged for filing appeals it would have said > so in section 19 just as it mentioned application fees in section 6. I am > afraid the mistake committed by the High Court has been held valid by the > CIC. While I mean no disrespect to the wisdom of the CIC I simply cannot > agree with this interpretation of the term 'may be prescribed'. The State > Information Commission of Bihar found the appeals fee notified in the State > RTI Rules against the letter and spirit of the RTI Act and succeeded in > convincing the Government to change the rules. In any case they were not > insisting on appeals fees even before the change was made. > I am afraid an error has been upheld without convincing reasoning. > Thanks > Venkat > > > _____ > > From: [email protected] <rti_india%40yahoogroups.com> [mailto: > [email protected] <rti_india%40yahoogroups.com>] On Behalf > Of suresh nangia > Sent: Tuesday, August 11, 2009 12:09 PM > To: [email protected] <rti_india%40yahoogroups.com> > Subject: Re: [rti_india] Fees for First Appeal are OK, decides CIC > > > Dear Mr Roy > > I read your mails posted on rti board, with interest and try to grasp > the finer points of interpretation of various provisions of RTI Act. I find > these to be quite interesting & useful. > > As regards your observation regarding fee for filing appeal, I hold a > different point of view > It may not be correct or proper to say that there is no provision for > filing an Appeal under RTI. As per Section 27 of the Act, the power to make > rules for carrying out the provisions of the Act has been delegated to the > appropriate government (which too has been defined under Sec 2). While Sec > 27(2)(a, b & c) require prescribing of fee for (a) charges payable for > the information requisitioned and (b) fee payable for filing > application, Section 27(2)(d) requires for prescribing the procedure to > be followed for filing appeals. Section 19(10) which bears a reference in > Sec 27(2)(d) of the Act, makes it mandatory for the SIC / CIC as the case > may be, to follow the procedure so prescribed. It is in pursuit of the > provisions of Section 27 that various Governments (State & Central) have > framed rules for carrying out the provisions of RTI Act, and this includes > the fee payable for filing of appeal(s). Sections 6(1) and > 7(1&5) referred to by you and which are also quoted / referred under Sec > 27(2)(b&c) of the Act, only state that an RTI application should be made > accompanying fee as may be prescribed (by appropriate government).In my > view, if a particular Government has prescribed a fee for filing appeal and > this has been duly notified in accordance with the procedure laid down, it > can not be faulted and/or questioned. In Law, it may not always be proper > to > read and quote a particular section in isolation and it needs to be read in > conjunction with provisions of other sections as may be contained in that > Act. > > I hope, I have made my point clear > > S K NANGIA > > --- On Tue, 11/8/09, sroy1947 <sroy1...@yahoo. <mailto: > sroy1947%40yahoo.com <sroy1947%2540yahoo.com>> > com> wrote: > > From: sroy1947 <sroy1...@yahoo. > <mailto:sroy1947%40yahoo.com<sroy1947%2540yahoo.com>> > com> > Subject: [rti_india] Fees for First Appeal are OK, decides CIC > To: rti_in...@yahoogrou > <mailto:rti_india%40yahoogroups.com<rti_india%2540yahoogroups.com>> > ps.com > Date: Tuesday, 11 August, 2009, 11:08 AM > > http://cic.gov. in/CIC-Orders/ WB-07082009- 02.pdf > > "Sub sec. (1) of Sec. 6 speaks of fees to be prescribed to accompany the > > request made by a person who desires to obtain information to a CPIO or > > CAPIO. Similarly u/s 7(1) an application made u/s 6 is to be responded on > payment of the fee prescribed. There is indeed no fee mandated in the law > for appeal u/s 19 (1) or (3). However u/s 28(2) (iv) the Competent > Authority > has the discretion to provide for any other matter which is not only > required to be, but may be prescribed, as underlined by us in the quote > above. In this case, therefore, the High Court of Delhi is well within its > authority to prescribe such a fee, keeping in mind only the requirement of > proviso to Sub-Section (5) of Sec 7.that the fee is reasonable inasmuch as > it may be in reference to Sec 6 (1) or > > sub-sections (1) and (5) of Sec 7." > > Looking for local information? Find it on Yahoo! Local http://in.local. > <http://in.local.yahoo.com/> yahoo.com/ > > [Non-text portions of this message have been removed] > > [Non-text portions of this message have been removed] > > > [Non-text portions of this message have been removed]
